Repetitive Stress Injuries and Workers’ Compensation Eligibility

We often think about workers’ compensation cases revolving around sudden or catastrophic workplace accidents. A worker gets hurt, they go to the hospital, the company pays for their care, and they return to work once they are able. It sounds simple, but these cases are often far more complex.

Unfortunately, many injuries develop slowly over time rather than in the blink of an eye. When these kinds of repetitive stress injuries occur, workers are left wondering whether their employer should still be held responsible for their medical expenses. Here’s a quick overview of how repetitive stress injuries factor into workers’ compensation cases and how this process typically unfolds in the state of Tennessee.

What is a repetitive stress injury?

Unlike sudden or traumatic injuries caused by unexpected accidents, repetitive stress injuries (RSIs) are usually caused by workers performing the same motions over and over again. The repeated actions place strain on certain body parts and, over time, can result in health complications and chronic pain.

RSIs commonly impact muscles, tendons, nerves, and joints, and may worsen or flare up over the course of a worker’s career. Many workers describe these injuries as being easy to dismiss until they aren’t, which means they can no longer be ignored.

At this point, many employees seek medical care and begin the process of filing a workers’ compensation claim. Without adequate education or in the absence of competent legal support, however, some workers will go months or even years without receiving the care they need to address their injuries and preserve their long-term health.

How to recognize a repetitive stress injury

The sooner you’re able to recognize a potential RSI, the more likely you are to receive the care you need to avoid future complications or ongoing discomfort. These injuries tend to occur most frequently in areas like the fingers, wrists, elbows, arms, and knees, but may develop in other parts of the body depending on a worker’s job duties, so it’s important to learn how to recognize the signs that you may be developing an RSI.

Here are a few common signs of work-related repetitive stress injuries:

• Pain
• Swelling
• Numbness or tingling
• Muscle or joint stiffness
• Weakness
• New or worsening sensitivity to cold or heat

You should also pay close attention to when these symptoms seem most present. If performing your standard work activities worsens any of the symptoms listed above, it may indicate that your discomfort is related to your work routine. The second you become aware of any of these symptoms, you should consider visiting a doctor who can help you identify the cause of your injury and advise you of how best to care for yourself moving forward.

Do RSIs qualify for workers’ compensation?

Under Tennessee law, “cumulative trauma” injuries may qualify for workers’ compensation and other benefits just like traumatic injuries would. However, in order to take advantage of your employee benefits, you will likely have to demonstrate that your work activities were more than 50% responsible for your RSI.

This is where things can get a little sticky. While other injuries have obvious causes that can be attributed to a workplace accident, RSIs could be exacerbated by engaging in a wide variety of activities both in and out of work. In order to avoid paying for your healthcare or other expenses, your employer (or their insurer) may attempt to claim that your RSI was caused by other factors like pre-existing conditions or activities you engage in outside of work.

If, however, you can provide sufficient documentation of your injuries and a healthcare professional is able to back up your claims, you may be entitled to workers’ compensation and/or disability benefits. An experienced workers’ compensation attorney can help you gather the evidence you need to convincingly show that your RSI was the result of your job duties and advocate on your behalf to your employer and their representatives.

Requirements to know

In Tennessee, most employers with five or more employees are generally required by law to secure workers’ compensation insurance (exceptions exist for employers in the construction and coal mining industries). Employers who fail to carry sufficient coverage may be subject to hefty fines and other enforcement actions by the state. That said, employees are also subject to several requirements when filing workers’ compensation claims to recover the compensation they need to treat their injuries.

First, employees must report any work-related injuries to their employer within 15 days of the injury. This report should be provided in writing, as it constitutes the official beginning of the workers’ compensation process. Failure to report within that window can jeopardize your ability to receive benefits.

From there, you must choose a medical provider from a list curated by your employer and take steps to receive medical care from that authorized physician. If you see a doctor who is not on the approved panel, the workers’ compensation insurer may not have to pay for that treatment, and refusing reasonable treatment from an authorized doctor can temporarily affect your benefits.

Rest assured that if you are dissatisfied with the provider’s diagnosis or with an insurer’s eligibility determination, there are some additional avenues you can pursue with the help of an experienced workers’ compensation attorney.

Final thoughts

Repetitive stress injuries can pose challenges within Tennessee’s workers’ compensation system. However, with the right legal support and by following the proper protocols, it is possible to access the benefits you need to manage your recovery and ease your discomfort.

At Wagner Workers Compensation & Personal Injury Lawyers, we know all too well how challenging it can be for injured workers to secure the benefits they deserve. That’s why our team has devoted decades to delivering trusted, comprehensive legal services to injured workers in Chattanooga and the surrounding areas. With the right combination of knowledge and experience, our team knows what it takes to fight for workers’ rights, regardless of whether an injury occurred suddenly or over time.

If you or a loved one is dealing with a repetitive stress injury and you think it might have something to do with workplace conditions or responsibilities, give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. We are standing by to hear your story and point you toward the support and services you need to get the care you deserve.